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HomeMy WebLinkAboutMinutes Council 012689 SpecialCITY COUNCIL SPECIAL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 26, 1989 The Special Regular Meeting of the City Council of Palm Beach Gardens, Florida, was called to order by Mayor Feeney at 8:00 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The Deputy City Clerk called the roll and present were: Mayor Feeney, Vice Mayor Martino, Councilman Aldred, Councilwoman Monroe, and Councilman Kiselewski. APPEAL - WATERWAY CAFE BARGE Attorney David Shaw, authorized agent for Waterway Cafe, addressed the City Council re: appeal to ruling of the City's Site Plan and Appearance Review Committee at their regularly - scheduled meeting of 12/6/88 for loca- tion of barge within the waterway at the "Waterway Cafe" on the south side of PGA Boulevard, immediately west of the Intracoastal Waterway, as recessed from the Regular Meeting of 1/5189 and Special Regular Meeting of 1/12/89. The City Manager stated the appeal was filed on the basis of whether or not this is a structure, or whether the engineering plans were adequate to the City to qualify this as a structure, and whether the Waterwa;, Cafe should have had a building permit based on those plans. The City Manager stated that there is still no answer to the question as to what entity - the City, or Corp of Engineers or Coast Guard - has jurisdiction, however, according to the City's Building Code the barge qualifies as a structure. In response to Councilman Kiselewski re: whether the engineer has cer- tified the structure or certified the attachment of the structure to the existing building, Attorney Shaw read a statement from the engineer CITY COUNCIL SPECIAL REGULAR "MEETING, 1/26/89 PAGE 2 stating "in my opinir^ the subject gangway and vessel qualify as struc- tures for the purposes of engineering analysis and the Palm Beach Gardens City Code ". Councilman Kiselewski felt the engineer has still not cer- tified as to the structural stability and capability of that structure. Councilman Kiselewski felt the engineer should not certify this as a structure if he has not done a structure analysis on it. At the request of the City Council the Deputy City Clerk read the conditions of the appeal. Jack Hanson, Building Official, addressed the City Council outlining the the events that have taken place re: Waterway Cafe and how the permit and Certificate of Occupancy were issued. The City Attorney stated the part of the case that the respondent would take to Circuit Court is that the City has permitted the use of the barge for a year and a half, and the City would have-to prove that the use was a harmful to the health, welfare and morals of the citizens. Attorney Lhaw stated his client will go back to the Building Department to get a Certificate of Occupancy for the barge. In summary, Vice Mayor Martino stated it has been established there was an initial site plan during 1986, which at that time consisted of a restaurant use with two "stand -up" bars, with sufficient parking to justify that use. For one reason or another the ultimate use has changed to include live entertainment which impacted some other problems on the area and brought in some additional parking. There is a railing that has some additional seating capacity and the barge called the "Waterway Clipper ". Vice Mayor Martino felt the petitioner should refrain from calling the barge the "Waterway Clipper" and call it part of the Waterway CITY COUNCIL SPECIAL REGULAR MEETING, 1126/89 0 PAGE 3 Cafe .',nee thdt is what he is trying to establish as part of the record. Vice Mayor Martino reiterated that the original site plan did not show an off -site barge. Vice -Mayor Martino stated the manufacturer of the barge could certify as to the safety aspects of the barge. Vice -Mayor Martino outlined the chain of events that have brought the Waterway Cafe to this Appeal, but questioned the rear yard setback since Attorney Shaw stated that along the Intracoastal Waterway there is no rear yard setback. Attorney Brant stated there is some part of the property owned by Waterway Cafe that is under the water and that is why the state- ment has been made re: rear yard setback, and that is not the case with all property along the Intracoastal Waterway. Vice Mayor Martino stated the City has received several letters from Mr. VanderWolk expressing his desire to be a good neighbor, however, Vice Mayor Martino requested when the Waterway Cafe comes before the City Council with a set of prints that is what the Council expects to be built. Vice Mayor Martino stated he has problems with the parking lot and the building that is still standing. Attorney Shaw stated the petitioner is required and has started a PUD process for the secohd Rhage Of the Waterway Cafe which should act as a "clean Wp" for all unanswered items and will show a clearly adopted PUD for the entire project. Councilwoman Monroe stated she has spoken with a representative of the County and the DER who stated there is a permitting requirement if the barge is not a boat that goes an regularly scheduled trips. Vice Mayor Martino made a motion, based on what has been established for the record and the comments from the City Attorney, that the appeal be denied. The motion was seconded by Councilman Kiselewskl. Councilman CITY COUNCIL SPECIAL REGULAR MEETING, 1/26/89 El PAGE 4 Aldreu stated he would be voting against the motion based on the infor- mation, correspondence and submittals by the respondent, starting with a comment from the project engineer stating that the vessel should be moved in case of a hurricane or high winds; letters from Attorney Shaw refers to the barge as a "passenger vessel "; and Mr. VanderWolk's letter referring to the vessel as a boat. Councilman Aldred stated that while he understands that the mooring is perhaps more permanent than lines which one would normally use to attach, he could not conclude, based on the information that has been provided, that this is anything but a vessel and therefore should not be part of the site plan. Mayor Feeney requested the respondent have a structure analysis done to protect the health, safety and welfare of the people. Per a vote of 4 ayes and 1 nay, the motion to deny the appeal was approved. Councilman Aldred cast the nay vote for the above stated reasons. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:00 P.M APPROVAL M FEENE i COUNCILWOMAN MONROE VICE MAYOR MARTINO COUNCILMAN ALDRED~ COUNCILMAN ISELEWSKI LF-NDA KOSIER, DEPIIIYZ`ITY CLERK